Sepio Australia Terms and Conditions
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Introduction
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertaining to electronic records in various applicable statues as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the internet resource www.sepioaustralia.com.au (“Website”).
- COMPANY INFORMATION
Sepio Australia is the exclusive owner in the Australian territory of the Website and is responsible for maintaining the Website and providing the technical support for the same. The Company reserves the right in its sole discretion to remove any content, data, information, material, service, product, photographs, or visuals of the products being sold on the Website, audio-visual (if any) available on the Website (“Website Content”) from time to time.
SERVICES
The Company sells and distributes the products being security seals and locking devices through the Website (“Product (s)”), to Users across Australia (“Services”). The sale and purchase of the Product(s) by the Company to the Users through the platform of this Website shall be governed by this User T&C.
TERMS FOR USAGE OF WEBSITE
Your use of this Website is subject to the following terms of use:
- The content on the pages of this Website is for Your general information and use only. It is subject to change at the discretion of the Company without any notice to You.
- You agree to use the Services, the Website therein only for the purposes that are permitted by (a) the User T&C; (b) any applicable law, regulation, or accepted practice in the relevant jurisdiction.
- You shall not use any deep-link robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or Website Content.
- Your use of any information or materials on this Website is entirely at Your own risk, for which We shall not be liable.
- Any violation of these User T&C may result in legal liability upon You. Nothing in this User T&C should be constructed to confer any rights to any third party or any other person. Your use of this Website means You are consenting to this User T&C and agree to be legally bound by it.
- You as an User shall not upload, comment or provide review for Product(s), publish or share any information on the Website, that is grossly harmful, harassing, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful or racially, ethically objectionable, or unlawful in any manner.
USER REGISTERATION AND REGISTERATION OBLIGATIONS
1. You may browse/access the Website without registration or creation of any account. However, if You wish to avail any of the Service offered on the Website You shall be required to create a login account (“Account”). By creation of an Account, You shall be eligible to receive promotional services, intimation of any discount offers and schemes on the Product(s) available and sold through the Website.
2. Registration as an User on the Website is free of cost. For creation of an Account, You shall be required to provide the following accurate and correct User information:
- Full Name
- Email Address
- Mobile Number (to receive delivery of the Product(s) and other notifications)
- Residential Address/Office Address/Other Address for delivery
- Other information as required by the Company
You while registering as an User, shall be required to provide true, accurate, correct and complete information as promoted by the applicable User registration page on the Website and further maintain and sincerely update the User information/details provided by You on the Website from time to time. You will be required to provide true, accurate, correct and complete information for delivery of the Product(s). You agree and represent that You are 18 (eighteen) years and above and mentally sound to enter into this User T&C with the Website. In case, You are registering on behalf of any legal entity, You agree and represent to be the authorized representative of such legal entity.
3. You will be required to choose a password for the Account and it shall be solely Your responsibility for maintaining the confidentiality of the Account and password.
4. If You provide any information that is untrue, inaccurate, incorrect and/or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, incorrect, incomplete or not true at the time of registration of Your Account and/or information provided for delivery of any Product(s) as a registered User of the Website then, the Company shall not be held responsible for any loss or damage (of any kind whatsoever) caused to You as an User of the Website.
INTELLECTUAL PROPERTY RIGHTS
- The Website, the processes, and their selection and arrangement, including but not limited to the text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer design code, structure, photographs of the Product(s) on the Website, arrangement of the Website Content (“Content”) is owned by the Company and protected by the copyright, patent and trademark laws and other applicable intellectual property rights.
- The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of the Company as the case maybe. You are not permitted to use the Marks without the prior written consent of the Company who owns the Mark
- The Company owns all the intellectual property rights relating to the trademark registered under the name of Sepio Australia and variants thereof, and the domain name, including but not limited to, all rights, title and interest in the copyright, related rights, patents designs, know-how, inventions (including pending patent), goodwill, source code, databases, text, graphics, icons and hyperlinks relating to the Content.
- You acknowledge and agree that You shall not copy, download, republish, post, display, reproduce, distribute, transmit any Content through any medium without obtaining any prior written consent and authorization from the Company. The access to the Website does not grant You any right to copy, download, republish, post, display, reproduce, distribute, transmit any Content.
- You shall not display, upload, publish, transmit, update or share any information on the Website that, shall infringe any patent, copyright, trademark or any other intellectual property right of the Company.
- The Company makes no warranties or representations about the intellectual property rights of the Product(s) displayed on the Website.
- The Company shall not be held liable for any infringement of intellectual property rights of any third party claiming to be the original owner/proprietor of the Product(s) displayed and sold through the Website, (including but not limited to) any direct or consequential loss and losses or damages of any kind caused to the third party. For any complaints relating to third party intellectual property rights, kindly send us a detailed e-mail to our Customer Care email address at contact@sepioaustralia.com.au
PAYMENT FOR PRODUCT(S)
- You can place Your order for the purchase of the Product(s) from Our Website pursuant to which You shall receive an invoice via email stating the mode and details of payment to be made by You for such purchase of the Product(s).
- The Company may choose to offer online payment transaction facility on the Website in future, through options like Credit /Debit card, NEFT, Net Banking etc.
- In case of any grievances related to the purchase of the Product(s), please contact our Customer Care Officer at contact@australia.com.au
TYPOGRAPHICAL AND OTHER ERRORS
While the Company takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the information of the Website at any time without notice to You. While We make reasonable efforts to prevent unauthorized tampering with the Website, we do not guarantee that our efforts will always be successful. Therefore, as set out below under “Disclaimer of Warranty”, We do not warranty that the Website Content will be error-free, and disclaims any liability for such errors.
DATA PRIVACY
This Website’s Privacy Policy as available on www.sepioaustralia.com.au governs Our collection, use and disclosure of Your Personal Information and is incorporated into these User T&C. Please read it carefully. It describes what information We collect from You and when, how, and why use it. This is important for Your information. By providing Your Personal Information and by using Our Website, You consent to Our Website’s Privacy Policy
DISCLAIMER OF WARRANTIES
- You expressly understand and agree that, Your access or use of this Website is at Your sole risk. The Website is provided on an “as is” and “as available” basis. We and our affiliates, officers, agents, representatives, and employees expressly disclaim all warranties of any kind, whether express or implied including but not limited to the implied warranties of merchantability, non-infringement.
- We, our associates, and our technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, of the Website Content, third party links or communications provided on through the use or access of this Website or that the operation of the Website will be error free and/or uninterrupted. We do not assume any liability whatsoever for any monetary or other damage suffered by You on account of any delay, failure, interruption, disclosure of any confidential information by other parties or corruption of any data or other information transmitted in connection with the use of the Website.
ENTIRE AGREEMENT
These User T&C together with the Privacy Policy made available on the Website, as amended from time to time, constitute the entire agreement between You and Us. If any provision of these User T&C or any policy are considered unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these User T&C or any policy and shall not affect the validity and enforceability of any remaining provisions.
LIMITATION OF LIABILITY
- Use of the Website is at Your own risk. While we make reasonable efforts to ensure the safety and functionality of Our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS OF THE COMPANY, EMPLOYEES, REPRESENTATIVES, AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED, TO LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT THE COMPANY HAD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BASED ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCT(S) AND SERVICES THEREIN.
- NOTWITHSTANDING ANYTHING CONTRARY, THE COMPANY’S ENTIRE LIABILITY TO YOU UNDER THIS USER T&C IS LIMITED TO THE REPLACEMENT OF THE PRODUCT(S) FOUND INAPPROPRIATE BY THE COMPANY AND IF REPLACEMENT WILL NOT REMEDY A CLAIMED PRODUCT DEFICIENCY, THE EXPORTER’S REMEDY IS LIMITED TO REPAYMENT OF ANY AMOUNTS PAID ON THE PURCHASE PRICE OR CANCELLATION OF THE ORDER UPON RETURN OF THE PRODUCT(S) TO THE COMPANY.
INDEMNITY
- You agree to indemnify, defend and hold harmless the Company, its employees, directors, officers, agents, representatives, successors, assigns from and against any and all claims, losses, liabilities, damages, demands, costs, expenses (including legal attorney’s fees and disbursements in connection therewith and interest chargeable thereon) which assert against or incurred by the Company as a result of, or breach of any representation, warranty, undertaking or User responsibility under these User T&C, additional terms applicable to the purchase of Product(s) by You from the Website or arising out of Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy.
- This clause shall survive the expiry or termination of these User T&C.
TERMINATION
- The User T&C will continue to apply until terminated by either You or the Company as set forth below. If You wish to terminate Your agreement with the Company, You may do so by (a) not accessing the Website; or (b) closing/deleting Your Account.
- The Company may at its sole discretion and at any time with or without prior notification to You terminate or suspend these User T&C without cause or with cause if:
- You breach any of the provision of the User T&C, the Privacy Policy or terms and conditions of Sale on the Website applicable to You.
- The Company is required to do by any applicable law/rule/regulation in force
- The Service being offered to You is, in the Company’s opinion, no longer commercially viable
- The Company’s shall not be liable to You or any third party for any such termination
- Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.
TERMINATION
- Force Majeure: The Company, its agents, affiliates, representatives, directors, employees, officers shall not be held liable for any acts beyond its control or any Act of God. The Company shall not be held liable for the delay in delivery of the Product(s) ordered by You from the Website due to occurrence of any of the event caused by Act of God. For sake of brevity “Act of God” shall mean and include the occurrence of any war, flood, fire, cyclone, earthquake, any other calamity caused by nature affecting the regular delivery period of the Product(s) to You.
- Modification of Services: The Company reserves the right to modify or discontinue (completely or partially) from its Website, Services, or any Website Content therein. We will not be liable to You or any third party if We exercise this right. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- No third-party beneficiaries or rights: These User T&C shall not create any private right of action on part of any third party.
- Dispute Resolution & Governing Law: The User T&C and all related transactions entered and the relationship between You and the Company and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principle. All claims, differences, dispute arising under or in connection with or in relation to the Website, the User T&C or any transactions entered into or through the Website shall be subject to the exclusive jurisdiction of the courts in Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Except, to the extent You have in any manner violated or threated to violate this Website’s intellectual property rights, We may seek injective or other appropriate relief in any court in India or internationally, and You consent to the exclusive jurisdiction and venue in such courts.
- Assignment: You shall not assign or otherwise transfer the rights and obligations under these User T&C to any third party. The Company’s rights and obligations are transferable to any third party/ies without the requirement of seeking Your consent or prior notice to You.
- Severability: If the court of competent jurisdiction finds any provisions of these User T&C, or portion thereof to be unenforceable, the same shall not affect any other provisions of the User T&C. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
- Complaints and Feedback: In the event that You have any grievances pertaining to the Services provided through the Website, please feel free to email us at our Customer Care email address at contact@sepioaustralia.com.au and kindly provide Your name, email address, physical address so that, We may be in the position to verify the details or check the authenticity of the complaint.
USER CONFIRMATION AND ACCEPTANCE
Use of Website is available only to persons who can form legally binding contract under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Website.
I/WE HEREBY CONFIRM THAT I/WE HAVE THE LEGAL CAPACITY TO ACCEPT THE USER TERMS AND CONDITIONS.
I/WE HEREBY CONFRIM THAT I/WE ARE DULY REGISTERED WITH THE WEBSITE AND ALL THE INFORMATION PROVIDED BY ME/US IN RESPECT OF THE ACCOUNT AND AVAILAING THE SERVICES IS TRUE AND ACCURATE TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF.
I/WE CONFIRM THAT I/WE HAVE FULLY UNDERSTOOD THESE TERMS AND CONDITIONS.